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1 Nat'l L.U. Delhi Stud. L.J. 136 (2012)
Time for Manushi-II

handle is hein.journals/nludslj1 and id is 154 raw text is: TIME FOR MANUSHI-H - Prashant Narang* 1. INTRODUCTION Frequent strikes, trade unions, meter tampering and poor service are some of the prominent features of auto rickshaw service in Delhi.' On the other hand, drivers usually complain that fare rate is not sufficient2 and Government and bureaucracy are .3 always eager to 'discipline' the errant rickshaws by providing SMS complaint service 4 imposing very expensive Global Positioning System device (GPS) on drivers introducing smart card identification scheme5, heavy penaltieS6 and many others. Nothing has worked so far. What seems like a cultural problem or a jinx is not really difficult to understand, rather an obvious legal cum socio-economic problem. But this paper does not claim the obvious facts that all these problems are directly or indirectly the outcome of cap on the number of auto-rickshaws in the city.7 This has already been reiterated in number of media reports and reports of Government Committees. Using these facts and a comparative approach, this paper argues that Auto-rickshaw sector too deserves economic liberalization like cycle-rickshaw sector. The only difference between the auto-rickshaw sector and cycle rickshaw sector is that while judicial activism led to liberalization of cycle-rickshaw sector, it led to permit system in the case of the latter. The paper compares Manushi9 judgment with corresponding realities in Auto- rickshaw sector and argues that a fit case for review of cap on the number of auto- rickshaws in the city exists. The paper refrains from delving deeper into other issues * Student, LL.M. (2010-12), Jindal Global Law School, Sonepat, NCR of Delhi, Haryana. I would like to thank Prof. Sandeep Kindo for his guidance. Prabodh, THIRD WHEEL, 2009, available at http://www.youtube.com/watch?v=TVWjuH8plQ (last visited on May 24, 2011). 2 IANS, Delhi auto drivers on strike for fare hike, INDIA NEWS, April 1, 2010, http://indianewsl23.com/index.php/new-delhi/728-delhi-auto-drivers-on-strike-for-fare-hike- (last visited on May 24, 2011). 3 Launching of SMS based complaint system against auto rickshaws, Delhi Police Website, 2005, available at http://www.delhitrafficpolice.nic.in/press-releases/sms-based-complaint-system.htm (last visited on May 24, 2011). 4 Indefinite auto strike in Delhi from Wednesday over GPS, MSN NEWS, May 17, 2011, http://news.in.msn.com/national/article.aspx?cp-documentid=5164822 (last visited on May 24, 2011). PTI, Over 10,000 auto-rickshaws to go off Delhi roads from tomorrow, ET, Nov 14, 2010, http://articles.economictimes.indiatimes.com/2010-11-14/news/28448908-1-autorickshaw-owners- smart-card-based-auto-unions, (last visited on May 24, 2011). Krishna Pokharel, Auto-rickshaws off Delhi roads, WSJ INDIA, Aug 17, 2009, available at http://online.wsj.com/article/SB125050552728436503.html, (last visited on May 24, 2011). Simon Harding, On the road to nowhere, World Entrepreneur Society website, available at http://www.wessociety.com/News/WES%20News/Simon%20Harding/Auto%20Rickshaws.aspx (last visited on May 24, 2011). Khullar Committee report, 2002, available at http://www.delhi.gov.in/DoIT/DoITTransport/trrsl2.pdf, (last visited on May 24, 2011). Manushi Sangthan and Anr v. State of Delhi and NCT, WP(C) No.4572/2007.

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